Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
Timescale for issue of the Debt Advice and Information Package
|
Subject |
Time Limit |
Legislation |
Provision |
| Attachment of moveables (including exceptional attachment) | No earlier than 12 weeks before taking any steps to execute the attachment | 2002 Act | s.10(3)(c), following amendment by Sch.5 to the 2007 Act |
|
Petitions for bankruptcy by a creditor |
Not less than 14 days and not more than 12 weeks before |
1985 Act and Bankruptcy (Scotland) Regulations 2008 |
s.5(2D), inserted by s.26 of 2007 Act; regulation 12 of the Regulations |
|
Trust deed for the benefit of creditors |
Trustee must provide a copy prior to the debtor granting the trust deed |
Protected Trust Deeds (Scotland) Regs 2008 |
regulation 6(b) |
|
Earnings Arrestment |
No earlier than 12 weeks before |
1987 Act |
s.47(3), inserted by s.201 of 2007 Act |
|
Current Maintenance Arrestment |
No earlier than 12 weeks before |
1987 Act |
s.51(2A), inserted by s.201 of 2007 Act |
|
Conjoined Arrestment Orders |
No earlier than 12 weeks before |
1987 Act |
s.60(3A), inserted by s.201 of 2007 Act |
|
Inhibition |
Accompanying the schedule of inhibition |
2007 Act |
s.147 |
|
Money Attachment |
No earlier than 12 weeks before |
2007 Act |
s.174(2)(d) |
|
Certificate for Sequestration |
Prior to granting a certificate for sequestration |
The Bankruptcy (Certificate for Sequestration) (Scotland) Regulations 2010 |
Regulation 4(a) |
Legislative References
1985 Act - Bankruptcy (Scotland) Act 1985 (c.66)
1987 Act - Debtors (Scotland) Act 1987 (c.18)
2002 Act - Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
2007 Act - Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
This section of the website is intended to give a broad overview of diligence. It is not a full statement of the law nor does it provide a full description of each of the processes.
